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Return to News pageEatery, families settle drunken-driver suit
February 7, 2001
The families of three Troy, Mich., teenagers were vindicated yesterday when TGI Friday's opted for an out-of-court settlement in a lawsuit that held them accountable for the teens' deaths by a drunken driver. TGI Friday's halted the Oakland County Circuit Court trial after seven days, offering a financial settlement.
The lawsuit, brought by the families of Ashley Marie Easterbrook, Andrew Stindt and Michael Jamieson, alleges that the Troy, Mich., restaurant continued to serve a visibly intoxicated patron on June 2, 1997. That patron, Lori Ann Smith, drove away and broadsided the teen's car at an estimated 100 mph just after midnight on June 3.
"Let this be a wake up call to bar and restaurant owners. They need to take responsibility for their actions. TGI Friday's served a visibly
intoxicated person and let her walk out the door so she could kill our kids," said David Easterbrook, father of Ashley Marie Easterbrook. "If they had acted responsibly and stopped serving her, this might not have happened."All three teens were sober and wearing seat belts. Smith, 33, also died shortly after the crash. Her blood alcohol level was determined to be about 0.15 percent. The level at which someone can be convicted of drunken driving in Michigan is 0.10 percent.
Southfield, Michigan, attorney Geoffrey Fieger, represented the three families in court, repeatedly accusing the restaurant of avoiding responsibility, withholding evidence, and being evasive in their responses to his questions. He also sought to prove that the restaurant was negligent in their training and supervision of employees when it came to serving alcohol.
At one point during the trial, Fieger questioned a bartender who had worked for the restaurant chain for 15 years, and showed that even he could not correctly estimate the alcohol content in an average cocktail. Further, TGI Friday's originally denied the driver in question had been in their establishment, although witnesses proved otherwise.
"We found out they (TGI Friday's) never even asked their employees if (the driver) was there that night. They immediately denied it, but didn't even question their staff until a year and a half after the accident," said John Stindt, father of Andrew Stindt "They (TGI Friday's) withheld information. From the start, they really treated this type of situation (the accident and resulting lawsuit) as a nuisance and not something that they should look into," said Stindt. "But, the truth is, restaurants have responsibility here and there was a lot of evidence to support that they just didn't take that responsibility."
The families hope that this settlement will cause other establishments that serve alcohol to rethink their training procedures and service policies. Easterbrook, however, is not convinced TGI Friday's has made any changes since the 1997 accident. "Anyone who drives near one of their restaurants ought to be concerned about their own safety and the safety of their loved ones."
Lawsuit seeks accountability for deaths
Detroit Free Press - January 29, 2001
The parents of three Troy teens killed by a drunken driver in June 1997 have lectured to high school assemblies, urged lawmakers to tighten drunken-driving laws and established scholarships bearing their children's names.
Now they will have their day in court.
A civil suit filed by the families against the car driver's estate and TGI Friday's is scheduled for trial today in Oakland County Circuit Court, bringing into play a state law that holds bars accountable for drunken-driving deaths.
The families of Ashley Easterbrook, Andrew Stindt and Michael Jamieson contend tha Lori Ann Smith had been drinking beer for 2 1/2 hours at TGI Friday's on Crooks Road shortly before she barreled through a red light at the intersection of Crooks and Long Lake and broadsided the Grand Prix carrying the teens.
"TGI Friday's pushed alcohol and sent people out their doors who were a danger to people," said Geoffrey Fieger, who is representing the parents of the three teenagers.
Although Smith's estate is named in the suit, Fieger says TGI Friday's is the target. Smith's family is prepared to settle the case but must be named in the lawsuit against TGI Friday's under state law, Fieger said.
TGI Friday's claims Smith was not in their restaurant on the night of the accident, said Leslie Sharman, senior vice president general counsel for Carlson Restaurants Worldwide, which owns the chain.
The deaths of Easterbrook, 18, and Stindt and Jamieson, both 19, shattered the Troy community. Smith, 33, who was also killed in the crash, left behind an 11-year-old daughter.
The three teens were heading home from a Royal Oak coffee shop just after midnight on June 3, 1997, when Smith struck their car. Smith's blood-alcohol level was later determined to be about 0.15 percent. The level at which someone can be convicted of drunken driving in Michigan is 0.10 percent. Police estimate she was driving more than 75 m.p.h.
Fieger asserts that before Smith got in her car she met John Banach, a coworker at the Northfield Hilton, for drinks at TGI Friday's. After 2 1/2 hours, they left, went to the Super 8 Motel at Maple Road, and then Smith headed home, according to mediation records.
Fieger would not say how much money the families are seeking.
"As much as in the last 3 1/2 years each day seems to get a little better, you always have two things in your mind. Obviously the first is how much we miss our little girl, but also how there's this responsibility," said David Easterbrook, Ashley's father, who is Kmart's divisional vice president of customer service.
"This will give us an opportunity to hold those responsible accountable."
Fieger blames teens' deaths on Troy eatery
But lawyer for TGI Friday's denies it gave alcohol to driver
Detroit Free Press - January 30, 2001
The lawyer for the families of three Troy teens killed by a drunken driver in 1997 argued Monday that a jury should hold TGI Friday's responsible for serving alcohol to the driver.
With parents and relatives wiping tears from their faces, lawyer Geoffrey Fieger outlined his case in opening arguments in Oakland County Circuit Court, calling on the jury to lay blame on a restaurant that "promotes drinking in a party atmosphere."
But lawyers for TGI Friday's said Monday that there is no evidence that Lori Ann Smith, the driver of the car that hit the three teens, was drinking at the restaurant on Crooks Road in Troy that night.
Smith, 33, who was also killed in the accident, was driving north on Crooks just past midnight June 3 when she ran a red light at Long Lake and broadsided a car carrying Ashley Easterbrook, 18, and Andrew Stindt and Michael Jamieson, both 19.
Smith's blood-alcohol level was determined to be about 0.15 percent. The level at which someone can be convicted of drunken driving in Michigan is 0.10 percent.
The teens' families filed a civil suit against TGI Friday's and Smith's estate in 1998. State law makes anyone who knowingly sells or serves alcohol to a visibly intoxicated person liable in the event of injury or death.
"TGI Friday's has ignored its legal responsibility and moral obligation," said Fieger, who alleges that Smith was in TGI Friday's with John Banach, a coworker at the Northfield Hilton, before the accident. When the two left the restaurant, they headed to a Super 8 Motel, and later, Smith left the motel, heading up Crooks Road.
Bob Krause, a Detroit lawyer representing TGI Friday's, said Monday that there is no evidence that either Banach or Smith was in the restaurant that night, even though Banach has said in court records that they were. There is no bar tab receipt, however, and no one remembers seeing them at the restaurant, Krause said.
"Lori Smith in fact caused the death of these three youngsters," Krause said. "These tragic facts do not prove that TGI Friday's is responsible."
Testimony will resume today.
Fieger says T.G.I. Friday's had a hand in teen-agers' deaths
1/30/01 - The Associated Press
PONTIAC, Mich. -- Southfield attorney Geoffrey Fieger said T.G.I. Friday's is partly responsible for the deaths of three Troy teen-agers almost four years ago.
In opening statements Monday in Oakland County Circuit Court, the attorney argued that the restaurant, owned and operated by Dallas-based Carlson Restaurants Worldwide Inc., was responsible for serving alcohol to the driver who killed the teen-agers on June 3, 1997.
Testimony was scheduled to continue Tuesday.
T.G.I. Friday's "promotes drinking in a party atmosphere," said Fieger, who alleges that Lori Ann Smith, 33, was in the restaurant for 2½ hours with John Banach, a co-worker at the Northfield Hilton, before the accident. But Bob Krause, a Detroit attorney representing T.G.I. Friday's, said there is no evidence that Smith was drinking at the Troy restaurant, even though Banach has said in court records that they were, the Detroit Free Press reported.
"Lori Smith in fact caused the death of these three youngsters," Krause said. "These tragic facts do not prove that T.G.I. Friday's is responsible."
Smith, 33, who was also killed in the accident, ran a red light just past midnight and hit a car carrying Ashley Easterbrook, 18, and Andrew Stindt and Michael Jamieson, both 19.
Smith's blood-alcohol level was determined to be about 0.15 percent. The level at which someone can be convicted of drunken driving in Michigan is 0.10 percent.
The teens' families filed a civil suit against T.G.I. Friday's and Smith's estate in 1998. State law makes anyone who knowingly sells or serves alcohol to a visibly intoxicated person liable in the event of injury or death.